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HomeMy WebLinkAbout01-100 - Resolutions RESOLUTION NO. 01-100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2001-00335 FOR A RETAIL LIQUOR STORE AT 8939 FOOTHILL BOULEVARD, LOCATED IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2), AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 208-192-07. A. Recitals. 1. Mr. Arturo Flores filed an application for the issuance of Conditional Use Permit No. DRC2001-00335, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 14th day of November 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on November 14, 2001, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 8939 Foothill Boulevard with a street frontage of approximately 110 feet and lot depth of approximately 190 feet and which is presently improved with a non-conforming structure that was formerly Red Hill Liquor store; and b. The property to the north of the subject site is developed with a commercial center, the property to the south consists of condominiums, the property to the east is developed with a fast-food restaurant, and the property to the west is developed with a service station; and C. Retail liquor stores are an allowed use within the Commercial District, subject to the approval of a Conditional Use Permit; and d. The site is presently deficient in the required number of parking stalls, thereby making the existing structure non-conforming. A condition of approval is included in this Resolution requiring the property to be improved with the required number of stalls, designed in conformance with the City of Rancho Cucamonga's standards, thereby meeting the objectives of the Development Code by providing the required number of parking stalls with the establishment of a new use; and PLANNING COMMISSION RESOLUTION NO. 01-100 DRC2001-00335 November 14, 2001 Page 2 e. The proposed retail liquor store meets one of the land use goals of the Foothill Boulevard District and is in accord with the purposes of the Community Commercial District by providing a retail use on a recognized commercial corridor, thereby capturing neighborhood demand; and f. All of the materials and colors are architecturally compatible with the adjacent building and surrounding environment, incorporating materials and colors similar to the adjacent service station. The exterior of the building will be upgraded with a new tile roof, stucco coating and a river rock base. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. C. The proposed use complies with each of the applicable provisions of the Development Code. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not,commenced within 5 years from the date of approval. No extensions are allowed. 2) Approval of this request shall not waive compliance with any sections of the State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION NO. 01-100 DRC2001-00335 November 14, 2001 Page 3 4) The applicant shall comply with all applicable laws and regulations from the Department of Alcoholic Beverage regarding the sale of beer,wine, and distilled sprits for off-site consumption. 5) Approval is for a retail liquor store only. Any expansion, modification or intensification of use beyond that requested by the application shall require modification to this application. 6) The applicant shall obtain and maintain a valid City Business License. 7) Any signs for the proposed liquor store shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the City Planner, prior to installation. 8) Where river rock is used, it shall be real or native fieldstone. 9) The landscaped area behind the back of sidewalk and the parking stalls shall include London Plane trees,to the satisfaction of the City Planner. 10) The new tile roof shall match the tile roof material and color of the adjacent service station. 11) The site shall be developed in accordance with the approved plans on file with the Planning Division, including, but not limited to, 17 parking stalls, double-striped, per City Standard, and the exterior upgrade of the building with accent tile and stucco. 12) Graffiti shall be removed within 72 hours. 13) The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 14) No outdoor vending machines shall be allowed. 15) The applicant shall comply with all applicable laws and regulations from the Department of Alcoholic Beverage regarding the sale of beer and wine for off-site consumption. If the Department of Alcoholic Beverage Control requires a determination of Public Convenience or Necessity, the applicant shall file an application for a determination of Public Convenience or Necessity with the City of Rancho Cucamonga in a timely manner. Engineering Division 1) An additional 15 to 19.5-foot dedication of right-of-way on Foothill Boulevard shall be required for a minimum total distance of 65 to 79.5 feet, respectively, as measured from the street centerline. PLANNING COMMISSION RESOLUTION NO. 01-100 DRC2001-00335 November 14, 2001 Page 4 2) Revise existing City Drawing No. 1565 Sheets 1, 2, and 3 to reflect installation of street trees on Foothill Boulevard. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY:— f'ylt G r arty . cNiel, Chairman ATTEST: Brad BW creta 1, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of November 2001, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2001-00335 SUBJECT: Conditional Use Permit APPLICANT: Arturo Flores LOCATION: 8939 Foothill Boulevard ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. SC-06-01 1 Project No.DRC2001-00335 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced,whichever comes first. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 6. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. D. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 16 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. E. Landscaping 1. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient to shade 50%of the parking area at solar noon on August 21. F. Signs 1. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; SC-06-01 2 Project No.DRC2001-00335 Completion Date d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., TT #, CUP #, DR #, etc.) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet"signature are required prior to plan check submittal. 3. Separate permits are required for fencing and/or walls. 4. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. H. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., DRC2001-00335). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. I. Grading 1. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. Street Improvements 1. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. SC-06-01 3 Project No.DRC2001-00335 Completion Date K. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan Foothill Boulevard. L. General Requirements and Approvals 1. Permits shall be obtained from the following agencies for work within their right-of-way: Caltrans. SC-06-01 4